IN THE CASE OF:	  

		BOARD DATE:  27 November 2012

		DOCKET NUMBER:  AR20120009814 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states he was wounded and lost hearing in his left ear due to artillery fire.  He was never checked by medics and did not receive the Purple Heart.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from limited reconstructed personnel records.
3.  If any of the applicant's service medical and dental records survived the fire, it is believed they would be on permanent loan to the Department of Veterans Affairs and are not available for review.

4.  The applicant served on active duty from 13 July 1943 through 28 March 1946 as a medical aidman.  He served in Europe from 18 January 1945 through 12 March 1946.

5.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), item 34 (Wounds), shows none.  This document also shows award of the Combat Medical Badge, World War II (WW II) Victory Medal, American Theater Campaign Medal, European-African-Middle Eastern Campaign Medal with 2 bronze service stars, Bronze Star Medal, and the WWII Honorable Service Lapel Button.

6.  In addition to the awards listed on his WD AGO Form 53-55, the Army Reserve Components Personnel and Administration Center appears to have determined he was authorized award of the Good Conduct Medal, Army of Occupation Medal with Germany Clasp, Combat Medical Badge, a second Bronze Star Medal with Oak Leaf Cluster, and a "V" Device for wear on the Bronze Star Medal already in his possession.  

7.  There is no evidence that the WD AGO 53-55 was corrected to reflect all of his authorized awards.

8.  Army Regulation 600-4 (Decorations) provided the policy and provisions during WW II for award of military awards and decorations.  It states the Purple Heart is awarded to members of the Armed Forces who are wounded in action against an enemy of the United States, or as a direct act of such enemy, provide that wound necessitated treatment by a medical officer.

DISCUSSION AND CONCLUSIONS:

1.  The available record does not contain and the applicant has not provided any evidence to show he was wounded in action against an enemy and received treatment from medical personnel.  The applicant himself states he did not receive any medical treatment for the alleged wound.  

2.  Without verifiable evidence that he was wounded and received medical care for that wound award of the Purple Heart is not warranted.


3.  Evidence shows that the applicant’s record contains an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show his authorized awards include the Bronze Star Medal with Oak Leaf Cluster, a "V" Device for the Bronze Star Medal, Army Good Conduct Medal, Army of Occupation Medal with Germany Clasp, and the Combat Medical Badge.



      _______ _  X ______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120009814



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ABCMR Record of Proceedings (cont)                                         AR20120009814



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